District Attorney Scott Thomas discusses the results of an investigation that found New Bern police officers acted appropriately during a confrontation with a man on March 28. The incident led to the deaths of 22-year-old New Bern Police Officer Alexander Thalmann and 35-year-old gunman Bryan Augustus Stallings.

Chuck Beckley/Sun Journal

By Cathryn Lindsay, Sun Journal Staff

Published: Thursday, May 8, 2014 at 06:15 PM.

New Bern Police Officers Alexander Thalmann and Justin Wester’s actions were deemed “not only justified, but mandated by the circumstances” in findings from the State Bureau of Investigation and the District Attorney’s Office probe into the March 28 shooting at Craven Terrace that led to the deaths of 22-year-old Thalmann and 35-year-old career criminal Bryan Augustus Stallings.

After a nearly six-week investigation, District Attorney Scott Thomas and the SBI released their findings and details from their investigation during a news conference in Craven County District Court in downtown New Bern on Thursday.

According to the investigation:

“Officer Alexander Thalmann was on routine patrol in his patrol car near Pavie Avenue in the vicinity of Craven Terrace. At approximately 11:43 p.m. (March 28) he observed Stallings wearing dark clothes and a backpack riding a bicycle in the rain. The bicycle did not have proper lights for operating on a public street at night. Officer Thalmann activated his blue lights and radioed to dispatch that he would be out conducting a field interview.

“Upon contact with Stallings, he immediately detected a strong odor of marijuana coming from Stallings. (At this point) the contact advanced from a traffic violation to a potential drug violation. Officer Thalmann requested an additional unit to assist him. Three other officers arrived and Officer Thalmann engaged in a discussion with Stallings about the odor of marijuana. The officers told Stallings they would like to pat him down and conduct a search. Stallings initially objected before voluntarily handing (NBPD) Sgt. Derek Dubay his backpack for a search.

“After handing over his backpack, Stallings stepped in one direction, and then quickly turned in the other direction and began to run on foot from the officers at full speed. Officers Thalmann, Wester and (Adam) Sneeden pursued on foot with Officer Thalmann in the lead. The foot chase covered approximately one-quarter of a mile, through four streets and areas of Craven Terrace. Officer Thalmann was gaining ground and came within approximately 10 feet of Stallings.

“At that time, Stallings pulled a pistol concealed on his person, turned and shot Officer Thalmann in the face. Officer Thalmann fell to the ground. Being engaged in the foot chase and not aware that Stallings had a weapon, Officer Thalmann never un-holstered his service weapon. After Officer Thalmann was shot Stallings continued to run.

New Bern Police Officers Alexander Thalmann and Justin Wester’s actions were deemed “not only justified, but mandated by the circumstances” in findings from the State Bureau of Investigation and the District Attorney’s Office probe into the March 28 shooting at Craven Terrace that led to the deaths of 22-year-old Thalmann and 35-year-old career criminal Bryan Augustus Stallings.

After a nearly six-week investigation, District Attorney Scott Thomas and the SBI released their findings and details from their investigation during a news conference in Craven County District Court in downtown New Bern on Thursday.

According to the investigation:

“Officer Alexander Thalmann was on routine patrol in his patrol car near Pavie Avenue in the vicinity of Craven Terrace. At approximately 11:43 p.m. (March 28) he observed Stallings wearing dark clothes and a backpack riding a bicycle in the rain. The bicycle did not have proper lights for operating on a public street at night. Officer Thalmann activated his blue lights and radioed to dispatch that he would be out conducting a field interview.

“Upon contact with Stallings, he immediately detected a strong odor of marijuana coming from Stallings. (At this point) the contact advanced from a traffic violation to a potential drug violation. Officer Thalmann requested an additional unit to assist him. Three other officers arrived and Officer Thalmann engaged in a discussion with Stallings about the odor of marijuana. The officers told Stallings they would like to pat him down and conduct a search. Stallings initially objected before voluntarily handing (NBPD) Sgt. Derek Dubay his backpack for a search.

“After handing over his backpack, Stallings stepped in one direction, and then quickly turned in the other direction and began to run on foot from the officers at full speed. Officers Thalmann, Wester and (Adam) Sneeden pursued on foot with Officer Thalmann in the lead. The foot chase covered approximately one-quarter of a mile, through four streets and areas of Craven Terrace. Officer Thalmann was gaining ground and came within approximately 10 feet of Stallings.

“At that time, Stallings pulled a pistol concealed on his person, turned and shot Officer Thalmann in the face. Officer Thalmann fell to the ground. Being engaged in the foot chase and not aware that Stallings had a weapon, Officer Thalmann never un-holstered his service weapon. After Officer Thalmann was shot Stallings continued to run.

“Officer Wester continued to pursue Stallings as other officers were coming to aid Officer Thalmann. Officer Wester, with his service weapon drawn, approached Stallings from Stallings’ right side, shouting commands to stop and drop the weapon. Stallings fired two shots at Officer Wester at a right angle as he continued to run. Officer Wester was hit once in his right leg. After being hit, Officer Wester fired thirteen shots at Stallings, hitting him three times. Stallings fell to the ground and died at the scene.

“According to the pathologist who performed Stallings’ autopsy, two shots entered the posterior side of his torso and one entered his head. Each shot traveled in a right to left trajectory consistent with being shot from his right side while running, bending at the waist and turning to fire his weapon to his right. His cause of death was multiple gunshot wounds… . Rescue units arrived on scene and examined Stallings. They confirmed he was deceased. Officers Thalmann and Wester were transported to CarolinaEast Medical Center where Officer Thalmann was later transferred to Vidant Health in Greenville. Officer Justin Wester was treated and released. Officer Alexander Thalmann died on Monday, March 31, 2014. His cause of death was a gunshot wound to the face.

“Upon examination of Stallings’ body, there was discovered a string tied to his belt, from which hung a small cloth bag inside his pants. It contained approximately 28 grams of marijuana and two grams of crack cocaine. A search of his backpack revealed a quantity of sandwich-style plastic bags consistent with the packaging and distribution of illegal drugs. The weapon used by Stallings in the shootings, a 9 mm semi-automatic pistol, which had been reported stolen (from a vehicle on July 22, 2013).”

From the facts presented by the SBI investigation, the District Attorney’s Office made the following conclusions:

Thalmann’s actions and conduct were appropriate and lawful at all times. He had reasonable suspicion to stop Stallings and conducted himself appropriately as the stop advanced from a traffic violation to a potential drug violation. The pursuit of Stallings by Officers Thalmann, Wester and Sneeden was not only justified, but mandated by the circumstances presented to them.

Thomas further stated that Wester’s shooting of Stallings was “justified and lawful, and no criminal charges will be filed against him in this case.” He explained that, pursuant to North Carolina law, Wester’s use of lethal force was justified to defend himself from the actual continued use of deadly force by Stallings; to arrest, for the shooting of Thalmann, of a person who was attempting to escape by means of a deadly weapon; and to arrest of a person, who by his conduct indicated he presented an immediate threat of death or serious physical injury to others unless apprehended without delay.

The DA also found that Stallings actions were in no way justified, saying that if he had survived he would have been charged with first-degree murder, as to Thalmann, and attempted first-degree murder, as to Wester. He would also face charges of assault with a deadly weapon with the intent to kill — inflicting serious injury, assault with a firearm on a law enforcement officer, possession of a firearm by a convicted felon, possession of a stolen firearm, possession with the intent to sell or deliver marijuana, possession with the intent to sell or deliver cocaine, going armed to the terror of the people, possession of drug paraphernalia, resisting an officer, second-degree trespass and violating of bicycle-lighting requirement.

The latter part of the shooting was caught on a stationary video camera at Craven Terrace and provided to the SBI by the New Bern Housing Authority. The video, which will not be released to the public, shows Stallings running across Oak Street, followed closely by Thalmann. A flash can be seen when Stalling shoots Thalmann. Stallings then re-crosses the street and appears to hide or take cover behind some shrubbery. Around the same time, Wester comes around the corner to Oak Street, two bright flashes of gun fire from where Stallings was can be seen, followed by several returning shots from Wester.

The elapsed time from when Stallings shot Thalmann to when Wester shot Stallings was 19 seconds.

This was not Stallings first run-in with the NBPD. In 2008 after being released from prison in Florida, Stallings returned to North Carolina, where he encountered New Bern police in Craven Terrace. He fled from them and took shelter in his mother’s apartment. After police obtained a search warrant, Stallings was found hiding under insulation in the attic. At the time, he was wanted in Florida for violating his sex offender registration requirements. He was charged with trespassing and resisting, delaying and obstructing a police officer. He pleaded guilty and spent time in the Craven County Jail before being returned to Florida to serve a sentence for his charges there.

Stallings’ criminal history is lengthy. It starts more than 18 years ago and includes Eastern North Carolina and the Orlando, Fla., area. Notable convictions include felony drug possession, lewd and lascivious exhibition by person older than 17, lewd act upon a child, public indecent exposure, battery, felony possession of cocaine, resisting an officer without violence, resisting an officer with violence, felony possession with the intent to sell cocaine, tampering with physical evidence, resisting an officer, possession of drug paraphernalia, four felony counts of smuggling contraband into a detention facility, felony battery by a detainee in a detention facility, false imprisonment, and battery of a firefighter, among several other lesser charges.

Because of his previous convictions for drug possession and trespassing, Stallings was prohibited from being on Craven Terrace property.

By the time he died, Stallings had spent more than a third of his life behind bars for the crimes he committed. According to the SBI investigation, Stallings had previously stated to several people that he was not going back to prison “for anyone or anything.” Friends also stated that the convicted felon was often in possession of a handgun.

After the news conference releasing the facts of the March 28 shooting, Thomas took a moment to offer prayers and healing to the people affected by the tragic event.

“In closing, let me say this: Our thoughts and prayers continue to be with Officer Thalmann’s mother, Ms. Stacey Thalmann and her family,” the district attorney said. “We honor her and remember Officer Alexander Thalmann for his service and sacrifice. To Officer Justin Wester, thank you for your service and commitment to your chosen profession of law enforcement. To the Stallings family, we realize these tragic events were beyond your control and we wish you peace and healing.

“To all citizens, never underestimate the risks our law enforcement officers face each day for our safety. There is no such thing as a routine traffic stop. Each encounter always has the potential to turn deadly. Be sure to show your appreciation and respect for the work law enforcement officers do for you and our community.”